§ 17-5-501. Standards; report to the Board of Education.

(a) Standards. A development passes the test for adequate school facilities if:

(1) each public elementary, middle, and high school is designated as “open” on the school utilization chart described in § 17-5-502 for the geographical attendance areas for the development in the third school year after the school year in which the determination is being made, and the number of students projected to be generated by the development in the third school year after the school year in which the determination is being made based on the student generation factors for the development does not exceed 85% of the available capacity of each open school as of the date of the last approved or updated school chart, as determined by the Office of Planning and Zoning;

(2) the Office of Planning and Zoning has received written notice via certified mail from the Board of Education that the requirements for applicable future capacity, as described in § 17-5-502(d)(2)(i) and (ii), have been satisfied, without formal adoption of a school utilization chart, and with the applicable future capacity the development will satisfy the requirements of subsection (a);

(3) the developer has executed an approved School Capacity Mitigation Agreement under the provisions of § 17-5-901; or

(4) the Planning and Zoning Officer and the Board of Education approve a donation of land for future construction of school facilities as provided in § 17-5-901(g)(2).

(b) Report to Board of Education. If approved, the Office of Planning and Zoning shall specify the number and type of dwelling units that are approved and report the number and type to the Board of Education.

(Bill No. 3-05; Bill No. 47-12; Bill No. 105-15; Bill No. 92-17; Bill No. 15-18)

Editor’s note – The changes made to § 17-5-501 by Bill No. 92-17 and Bill No. 15-18 are in effect until the final adoption of an Ordinance that updates the 2009 Anne Arundel County General Development Plan.